- Raw Story -
In a move that's being heavily criticized by the American Civil Liberties Union (ACLU), the Obama administration is planning to ask Congress to delay terror suspects' probable cause hearings as a way to allow interrogators additional time for questioning before the individual is informed of their rights or shown to a judge.
Standing law requires suspects be read their Miranda warning -- the age-old "right to remain silent" in the presence of officers -- and be presented to a judge to establish probable cause for imprisonment within six hours of detaining them, unless a judge is unavailable: a fact that did not go unnoticed by Talk Left.
"Just a year ago, the Supreme Court decided Corley v. U.S.," the blog noted, quoting the ruling as saying:
Under the rule as revised by §3501©, a district court with a suppression claim must find whether the defendant confessed within six hours of arrest (unless a longer delay was “reasonable considering the means of transportation and the distance to be traveled to the nearest available [magistrate]”). If the confession came within that period, it is admissible, subject to the other Rules of Evidence, so long as it was “made voluntarily and … the weight to be given [it] is left to the jury.” Ibid. If the confession occurred before presentment and beyond six hours, however, the court must decide whether delaying that long was unreasonable or unnecessary under the McNabb-Mallory cases, and if it was, the confession is to be suppressed.
Generally, if a judge is not available within six hours, law enforcement is required to bring a suspect before one for an initial hearing within the first 48 hours of imprisoning the individual.
Read all of it.